Bare ActsThe ODlSHA ELECTRICITY REFORMS ACT, 1995

Section 28

(1) Wiicre t bc Commission is satisfied that a licensee is contravening; or is orders

Amendment status not verified — confirm the current text below against the official source.

(1) Wiicre t bc Commission is satisfied that a licensee is contravening; or is orders. likely to coqtmvenc n ny relevant conditions or requils~~cnt of its licence, it shall by , f i n ~ l ordcr under section 29 and, if it thinks it, a~propriate in accordance with sub* section (2) by intcrim order under this seetlon, issue such dierct ions as it deems proper for securing compliance. (2) In determining whcther it is - appropriate that an interim ordcr be madc, the Comrnissi~n .;hall have regaid m particular to- ( 0 ) [he extent to which the COD travenlion or likely contravention by rhe licensee , mill affect the achievement of the objects and purposes of this Act; (h) thc extent to rvhicb any Person is likely to sustain loss or danlage in consequence of anything which is likely to* be done or omittcd to be done in contravention of the relevant condition or requirement, before a finaI order t a n bc made; and (c) the extent to which there is any other available rcmcdy in respect of the alje~ed contravention of a relevant condition or, requirement. (3) If the C~mrni~sion proposes to make an interim order, Lit shall givo notice to the licensee- - . (a) stating that it propmes to make the order; (b) setting out - (i) the relevant conditions or requirement with which ~ h c proposed order is intended to secure compliance; (ii) the acts or omissions which, in its opinion, constitute contravention 01 that condition or requirement; . (iii) the other fact6 which ,in.itsopioion, justifyth~makin~oCtheproposed order; and (iv), the eKects of the proposed order; (c) specioing the period not being less than five .days from the date :of notice within which Lhe licensee may make representations or. objections to the proposed order. (4) Subject to sub-scctjon (5). having considered any representations or objections from the licensee pursuant to clause (c) of sub-section (3), the Commission may make an interim order at any time after expiry of the period refarred to in cIause (c) of the said sub-section, if- (a) the Commission bas reason to beIicvc that thc licensee to whom the order relates has contravened or is contravening or is likely ' to contravene any . relevant condition or requirement; and (b) the provisions made by the order are requisite for the purpose cf securing compliance with that condition or requirement. (5) The Commission may not make an interim order if it is satisliedithat the licensee has agreed to take and is taking all such steps as the Commission considers that the licensee should take to sccure compliance wilh the cor.dition or requirement in question. (6) An interim order- (a) shall require the Iicensee to whom it relatos to do,- or to abstain from doing. such things as are specified in the order; (6) shall hke effect from such time as is specified jn the order; and (c) may be revoked, modified ,or rescinded at any timc by the Commission, but in any event shall cease to havc d e c t at the end of such period as is stated in the order, unless the Commusion is at that time following the procedure set out in section 29 to declare the interim order to-be a final order. (7) A6 soon: as practicabIe,l' after- making' an:,: intcrjm order, the Commission shall- (a) serve a copy of the order on the licensec lo: whcm The order rclates; (b) publish the order in such manner as i~knsiders appropriate - for the purpDBe of bringing it to the attention of parsons likely to be affected by it; and -(c) commence proceedings to declare the interim orders to;-be a final older in accordance with section 29. final ordm~.

Section 28 – The ODlSHA ELECTRICITY REFORMS ACT, 1995 | DailyLaw.ai